The American Water Works Association’s (AWWA) Executive Director of Government Affairs Tracy Mehan testified Thursday before the U.S. House Committee on Energy and Commerce’s Subcommittee on Environment to stress the importance of the “polluter pays” approach in PFAS cleanup.
The hearing was titled Examining the Impact of EPA’s CERCLA Designation for Two PFAS Chemistries and Potential Policy Responses to Superfund Liability Concerns. It stemmed from the U.S. Environmental Protection Agency’s (EPA) decision in September to classify perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund.
The hazardous designation could leave utilities responsible for costly PFAS remediation, despite their role as “passive receivers” of these chemicals.
EPA to retain CERCLA designation for PFAS, vows to support ‘passive receivers’
AWWA is one of several water sector organizations that has advocated for protections for water utilities and their customers from liability for pollution created by PFAS manufacturers. Other witnesses at the Dec. 19 hearing included:
- Susan Bodine, Partner, Earth & Water Law
- Lawrence W. Falbe, Chair, International Council of Shopping Centers Environmental and Land Use Policy Committee
- Emily Donovan, Co-Founder, Clean Cape Fear
In his testimony, Mehan, AWWA executive director of government affairs, emphasized the urgent need to protect water and wastewater utilities and the communities they serve from financial liability for PFAS contamination they did not create.
“Water utilities do not manufacture, use, or profit from PFAS, yet recent EPA rulemaking exposes them to significant financial and legal liability under CERCLA,” Mehan testified. “When utilities are forced to spend limited resources on litigation or cleanup costs, ratepayer funds must be diverted from replacing aging infrastructure, complying with Safe Drinking Water Act requirements, and performing other essential functions.”
Water Systems PFAS Liability Protection Act
AWWA is advocating for passage of the Water Systems PFAS Liability Protection Act (H.R. 1267). The bipartisan legislation would provide water and wastewater utilities with a narrowly tailored exemption from PFAS liability except in cases of negligence or willful misconduct.
“CERCLA was designed to ensure that polluters fund cleanup of contaminated sites,” Mehan added. “An exemption for water and wastewater utilities would further strengthen the ‘polluter pays’ principle by preventing PFAS manufacturers from shifting their cleanup costs onto utilities and the communities they serve.
As part of the Water Coalition Against PFAS, AWWA has been working to educate Congress about the burden CERCLA liability potentially presents for utilities.
PFAS Coalition: Congress must act following EPA’s CERCLA decision
The Water Coalition Against PFAS includes organizations whose membership represent all facets of clean and safe water delivery. They include: AWWA, the Association of Metropolitan Water Agencies (AMWA), the National Association of Clean Water Agencies (NACWA), the National Association of Water Companies (NAWC), the National Rural Water Association (NRWA), and the Water Environment Federation (WEF).
AMWA
According to a recap of the hearing by the Association of Metropolitan Water Agencies (AMWA), Democratic witness Emily Donovan of advocacy group Clean Cape Fear, argued against providing any liability protections under CERCLA, and broadly called for banning the manufacture and use of all PFAS altogether. Her viewpoints were generally supported by some Democratic members of the committee, AMWA noted.
AMWA, which represents large drinking water systems, said Republicans on the committee appeared eager to address passive receiver liability concerns which also carry affordability challenges. But those members could face opposition from across the aisle as Democrat support is more limited.
AMWA said it would continue to speak with House and Senate offices to attempt to advance the Water Systems PFAS Liability Protection Act. The association noted the Senate Environment and Public Works Committee will likely offer more potential for bipartisan solutions on passive receiver protections in 2026.
A recording of the hearing and submitted written testimony is available here.
AMWA’s complete recap in it’s Dec. 22 Monday Morning Briefing can be found here.
Sources: AWWA, AMWA, Water Coalition Against PFAS
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